ance. whether you're getting new insurance or supplementing what you already have, call now and ask one of their representatives about a plan that meets your needs. so, what are you waiting for? go call now! we'll finish up here. >>megyn: lots of feedback about the clerk refusing to turn over a list of guns license owners in the county and love to hear from you about kelly's court. private investigators?

follow me on twitter. >>gregg: the news begins anew here on "studio b" today. in a brand new congress, underway today, including the election for spoker of the house. will the new house be more successful in the eyes of the american public? the white house is making it easier for illegal immigrants do stay here in the united states with their families while they work to earn green cards. as long as their relatives are u.s. citizens. the middle east tv news giant making a big move here in here e united states, al-jazeera bought current tv from former vice president al gore. all ahead unless breaking news changes everything. this is "studio b." first from fox at 3:00, in with the new and out with the old. that is capitol hill hours ago, the historically unpopular

112th congress met a final time making way for the 113th congress. here is vice president biden swearing in members of the united states senate including 13 newcomers. on the other side, the house of representatives floor where new and returning members are sworn in. all eyes squarely on the embattled house speaker john boehner, the republican leader, underfire from members of his party over the troubled fiscal cliff negotiations and, too, his handling of the relief for victims of sandy. the question: would the backlash cost him the leadership job? mike, live on capitol hill. the speaker kept his job but there were defections and a lot of grumbling supporters. >>reporter: 12 house republicans did not vote for john boehner or support him to return as speaker. three voted for house majority leader cantor but cantor did not encourage a republican revolt.

he voted for speaker boehner. after re-election, speaker boehner told the new members of the 113th congress, the work ahead will be challenging. >> the american dream is in peril. as long as its namesake is weighed down by this anchor of debt. we need to break the hold to set the economy free where jobs will come home and confidence is back. >> he is suggesting he will change his approach in the new congress. a lot of v.i.p. one-on-one talks with president obama on major issues and he is saying he will return to the old way of doing things allowing the house of representatives to work its will. the one-on-one talks with the president made a lot of members uneasy and did not produce results. >>gregg: no kidding. full me once and fool me twice, no more of that. mike, in the senate, a rare and

lighter moment involving the 123459 majority leader. >>reporter: after the oath of office, it feels like the first day of school. you see a hot of families around with a lot of new faces and the senate majority leader talked about his appearance and said he is not wearing scars from any of the recent political battles. >> the marks that people see on my face have nothing to do with the fiscal cliff or the disagreements that speaker boehner and i have, it is from living in the desert my life. >> the super storm sandy funding, the house will take up a smaller measure to get emergency funding tomorrow morning. we understand during the first full day of legislative business, january 15, they will work to get the rest of the money to the victims of the storm. >>gregg: harry reid tried to blame it on the sun. he is a former boxer and he lost more fights than he won.

mike emanuel live from capitol hill. >> a new sign that washington spending worries have not gone away although there is a deal to avoid the cliff. moody's gave a "negative outlook" to the united states but maintained the aaa score. moody's analyst say lawmakers need to take more action to slash the deficit in the coming months to avoid a downgrade. the fiscal cliff deal only delayed the tough automatic spending cuts so we could be in for another fight over the same sort of budget woes very soon. for now, president obama has returned to his vacation in hawaii. wendell got to tag along, live in honolulu. give us a preview of the next round of the spending battle. >>reporter: senate minority leader mcconnell made clear it will come in the fight over racing the debt ceiling the next couple of months.

we will face another fiscal cliff then, too. mcconnell says republicans will demand the spending cuts they did not get in the agreement congress passed this week. >> we cannot agree to increase that borrowing limit without agreeing to reforms that lower the avalanche of spending that is creating this debt in the first place. it is not first to the american people. it is not face to -- fair to our children. >> as far as he is concerned the debate over revenue is over with the rich now paying their fair share. >>gregg: what about the fight over the debt ceiling. talk to us about that. >>reporter: well, the last fight cost a slightly lower credit rating and moody's said, today and i quote, "the debt trajection resulting from the process and the process to come will likely determine whether the aaa rating is returned to a

stable outlook or downgraded." the president says congress has an obligation to raise the debt limit because it spent the money. >> i will not have another debate with this congress over whether or not they should pay the bills they have already racked up through the laws they passed. >>reporter: a former budget advisor says that republicans will have more leverage to force spending cuts in the debt ceiling debate than in the fight over the fiscal cliff. >>gregg: thank you. the fiscal cliff mess is finally behind us and the president is getting straight to the second term agenda. first up is immigration. also, a new rule to keep families together during the process of getting a green card. close relatives of u.s. citizens can stay in the country a bit longer and the relatives now could be separated for up to a

decade from their families. james is live in washington, dc. will this rule enlarge the population of illegal immigrants in the united states? >>guest: officials at the department of homeland security say, no, it won't. it means if you came here illegally, and, say, married a united states citizen, you have a clean criminal record and you can demonstrate it would impose a hardship on your american spouse if you were forced out of the country, you can tackle the first of the two required steps while staying here. that new rule takes effect in march. applicants have to return home to tackle stage two, an interview with the state department official. for mexican whose account for the bulk of the effected groups that mean a trip back to juarez. >>gregg: but critics say the president is usurping the powers of congress in the constitution. >>reporter: this follows on the announcement from june that

served to spare the children brought here illegally from the threat of deportation if they met certain criteria, a clean criminal record and military service, that sort of thing. >> the fact these are mostly democratic constituents and people who vote democratic are likely to do in the future, add to it but i think overall, their basic position is the law itself, this sovereignty of the united states is not something that is hard and fast, not something that such as collecting taxes on corporations, they would take that seriously. >> officials say up to 25,000 people a career are expected to take advantage of this new change in rules that takes effect in march. >>gregg: thank you, james. three suspects militants facing a judge in brooklyn courtroom. how did the united states get those gives from africa all the way to new york? why did it take months in custody for the men to find out what their charges are in we

will get into that next. for from washington, dc. harry reid has a couple more democrats in his corner for this congress. that is not likely to change much anything. [ male announcer ] research suggests cell health plays a key role throughout our lives. one a day men's 50+ is a complete multivitamin designed for men's health concerns as we age. it has 7 antioxidants to support cell health. one a day men's 50+.

>>gregg: three suspects with possible ties to a dangerous terrorist group facing trial right here in the united states. they were not arrested here. critics say authorities may have violated their rights. many of the details remain top secret. we have learned that the men were busted last year in a small african nation and an attorney for one suspect says that the men face harsh treatment in djibouti without learning if there were charges. what else do we know? >>reporter: the men are alleged members of a somalia terrorist group and the secret

detention became public when the men appeared in brooklyn court in december. >> the appropriate venue is not to take someone involved in a civil war in east africa and bring them to the eastern district of no, to be prosecuted in criminal court. >>reporter: he says there is no evidence the client, or the others committed charges such as material support to a terrorist organization. >> we could under that round up tens of thousands and clog our court system for the next couple of decades. >>reporter: analysts say the men are of interest to the united states because they may have valuable intelligence about the al qaeda network in east africa. >>gregg: how is justice department responding to this? >>reporter: we received a statement from the department of justice and it reads in part, the suspects were apprehended in

africa by african authorities. months later they were indicted in federal court in new york. ultimately they were transferred lawfully and pursuant to requests through formal channels from the custody of authorities in africa to the f.b.i. critics point to the statements of candidate obama would shunned the use of rendition altogether. >> we are not a country that runs prison that looks people away without telling them why they are there or what they are charged with. >>reporter: neither congress or the administration have agreed on a consistent strategy for detaining suspects overseas and for their prosecution. or where they will be prosecuted. >>gregg: thank you from washington, dc. another top trillion ban -- taliban commander is reported dead in pakistan. the united states killed the commander in pakistan and his deputy and eight others.

washington did not confirm the strike but officials say he has a great deal of blood on his hand and his death would be a significant blow to the taliban stronghold in the area. >> he was just the latest terrorist leader to die in the drone strike but such targeted killings are not without controversy particularly regarding the assassination of al qaeda leader al-awlaki in yemen in 2011. that is because he was actually a u.s. citizen born in new mexico. but there is a government memo outlining the legal justification for killing an american without a trial. however, a judge ruled the memo can stay secret and she said there is no legal way to force the justice department to make it public. now, a former assistant u.s. attorney in the eastern district of new york. before we get to the secret memo , dispense of the question that many may have: isn't it

true that during war the killing of an enemy combatant regardless whether he is an american citizen or not is in the period of vince of -- in the province of the executive branch of tprey a judge. >>guest: i agree. >>gregg: if an american citizen over 200 years takes up arms with the enemy, you do not have constitutional rights. >>guest: well, it is undercut with treason and going against the oath of your country. >>gregg: and the secret memo. should it remain secret? >>guest: it is interesting. the judge wrote what i will describe as almost apology in the opinion. she said it is alice in wonderland, a legal catch 22 and i cannot find any way around the thicket of laws that make what appears to be so untenable, untenable.

the point is, you do not have to be --. >>gregg: look, why does the government have to provide the secret memo giving the legal justification for killing this guy. we know he took up arms with the enemy, he was an operational leader and enemy come budgetant and in on the organization ordering the killing of americans. >>guest: we have a better idea to those who want to know the justification. read media articles. in a number of articles they laid out a three-part test from someone who had read the legal memo which is, the person poses an imminent threat. their capture is not feasible. we are killing him. this is in accordance with law. also, the attorney general give a speech at northwestern university law school. the department of defense general council who i had a case with once, gave a speech, and a

third individual named john brennan gave a speech. all three in the speeches said essentially what the justification was. the judge said that wasn't a waiver. that is the legal concept. the judge probably made the right decision but we will see what happens. >>gregg: hold are -- holder said when you target a person for due process, protections apply but that does not require "judicial process." is he kidding? >>guest: what is good for the goose is good for the gander. you put someone in government bay without relating to habeas corpus and now you can kill them? >>gregg: that statement gives fuel to the critic whose say he is not competent to be attorney general. thank you, doug. even with the fiscal cliff deal, odds are your taxes will go up the how much?

that is coming up next. he beat the odds more than once to get to congress. how senator came back from a stroke. a remarkable day, walking up the stairs outdoors, the nation's capitol today.

>>gregg: look at this swearing in ceremony for the house of representatives a photo op and joining us by telephone from capitol hill, senior producer who keeps us alive each second with all kinds of news. we have been watching this, chad, where everyone gets their picture takes with the speaker. explain this. >>reporter: right now the speaker is shaking hands with a democrat from florida and in a

second he will walk across the room, they have another set of flags lined up and they will bring in in a congress woman matsui and he walks back to the other side and another mock swearing in, with another member, a member who lost to west a couple of years ago and now, he has come back. they all bring if their families. they have a number of different ways to take the oath. a catholic bible. a buddhist sutra is on hand, brought over from the library of congress. you can pick what you want to take the oath on and get your picture taken with the speaker boehner. >>gregg: they hang it on the wall and fake it and it is not really the oath. thank you, chad, great work today and every day.

jonathan hunt, the president uses 25 pens to sign a bill, one penn for half of a letter. >>jonathan: part of the choreography of washington, dc, we see, and they put more effort in this than in achieving solid proposals for the american people. >>gregg: congress my have ended the dreaded fiscal cliff drama for now but chances are your paycheck will shrink because congress decided not to extend the payroll tax for 77 percent of americans. according to the tax policy center which is an independent research group, they broke it down for us. households making between $50,000 and $75,000 take around $800 less. those between $75,000 and $100,000 see pay go down $1,200 and taxes grow only as income is

higher and higher. >>reporter: everyone is whacked, try $14,000 a year in payroll taxes for those earning $400,000 a year. the changes are in the withholding taxes how much the i.r.s. requires an employer to withhold. you will see a difference in fica deductions which is social security and care. the stacks 12.4 percent. the employer pays half and you pay half. if you earn $38,000 a year the employer will withhold $5,400 a year, up $570. you earn $90,000, you pay $20,000, or $2,400 more than last year. the tax could anger you, most people will get it back. and more. over a lifetime, an average worker pays $345,000 in fica taxes but they get back $417,000

in benefits. so up like income taxes which pays for government and foreign aid, payroll taxes pay for your retirement. >> a large majority of people will see that drop in their net pay in the first paycheck and the others, maybe in the second or third during the month of january. >> for a few the deal raises income taxes. remember the 1 percent? the nonpartisan tax foundation crunched the numbers and 143 out of 143 million tax returns only 1.1 million or .7 percent pay more than 40 percent of all federal income taxes. that represents individuals earning more than $400,000 or couples earning more than $450,000 will pay a tax rate of 39.5 percent while 40 percent of americans have a zero or negative tax liability. >>gregg: less than 1 percent pay 40 percent.

that sundays fair. william, thank you. >> today the senate started the new session with potential major shakeup to how lawmakers get things done. a lot of folks expecting the majority leader to severely limit how republicans can block bills with a filibuster. the latest from capitol hill next. the former veep, al gore, has sold the left-leaning television network. the buyer is the arab news network al-jazeera that many call anti-american. a major cable channel dropping it from the lineup. that is coming up approaching 9 bottom of the hour and the top of the news.

>>gregg: i am here for shepard smith. a new senate session getting underway part of the 113th congress. vice president joe biden joined the former senate colleagues to gavel the new session to order and swore in the new freshman class. here is how the balance of power breaks down, 55 democrats including independents who will caucus with the party. there are 45 republicans and the democrats gained two seats to hold on to the majority. analysts say the senate is likely to stay deeply partisan and divided. really? doug is live with the news from capitol hill. doug, it was mostly feel-good stuff today on the senate side, right? >>guest: absolutely. you had a lot of senators' families and senator mark kirk

recovering from a stroke. but that can soon change. the coming battles over the debt ceiling and sequestration could be ferocious. we got a taste of that today when minority leader mcconnell took to the floor for the first speech and suggested we cannot wait until the 11th hour to cut spending. he took this dig at the president when he said and i quote, "the president needs to show up this time." >> if we cannot stop spending taxpayers dollars on robo squirrels and dancing robot deejays or hot air balloon rides for smoky the bear, there is no hope at all. >>reporter: there has been speculation that majority leader harry reid will try to make a massive rules change, the so-called nuclear option where he can limit the filibuster by calling for a simple majority vote to begin or end debate on

any one bill in contrast to the two-thirds majority which is now required to begin debate or end debate. in the opening floor speech harry reid was not committal and left the options open. >> i am confident the republican leader and i can come to an agreement to allow them to work more efficiently. we have talked today. >> the democrats today ended the session by calling for a recess subject to the call of the chair which allows harry reid to ponder the option without making any decisions. he has three weeks to consider it and consider all of the potential repercussions. >>gregg: why is this so unprecedented? what is the deal with the name "nuclear option"? >>reporter: it would change the rules of the senate and some say destroy the procedures of the senate and make the senate another version of the house of representatives. that would allow one of the

worst fears to come true, tyranny of majority and many democrats fear that if they become the minority, the nuclear option could be used against them and come back and bite them very hard. >>gregg: thank you, doug. a big day for illinois senator mark kirk. he was back at work after suffering a debilitating stroke and doctorsbrain surgeries and o relearn to walk. today, vice president biden greeting senator curbing on the steps of the capitol. >> welcome back, man! [ applause ] >> you could see the senator walking with a cane. he'll use a wheelchair for the longer trips around the capitol. the senator kirk took office in 2010, winning president obama's former senate seat. he said at first he had not expected to ever return to the

capitol hill and after the stroke, senator curbing -- kirk said he saw three angels in the hospital room asking him to join them. with us now is dr. brooks, former family practitioner and host of the radio program "health of the nation." doctor, thank you for being with us. this has been a long journey for the senator. he was on the precipice of death and this remarkable inspiring moment personal achievement and great courage. talk to us about what it took. >>guest: the work of a lost very dedicated people. nurses. nurses aides, nurse practitioners. doctors. mostly and particularly physical medicine and rehabilitation doctors. the unsung heroes of rehabilitation. of course, senator kirk and more to the point, his family. everyone forgets about the family. truly, it is the family that

really, really, really, really bears the brunt of this not knowing what will happen. and stroke or neurologic disorder is scary because it is not something that has a quick fix. you cannot get a brain transplant like a heart transplant. >> has the recovery plateaued or will he continue to gain? >>guest: well, i don't have all the information so i will give you the doctor answer. the doctor answer is without the information it is hard to tell. that said, people continue to gain function and continue to improve up to various and different points. we will just have to wait-and-see. of court, what most people would be concerned with are his steam now and his cognitive ability. because he had a right sided stroke the cognitive side may not be affected initially. it is hard to say because

reports indicate there could be some cognitive issues but nothing that could affect him in the senate. >>gregg: i was under the impression the right side controls spatial function and motion and importantly it controls judgment. is that true? >>guest: yes. the spatial motion, where your feet are with respect to your body. so his ability to walk up the steps of the capitol is remarkable. initiating was the main artery in the neck on the right side of his neck was dissected in half and they had to remove the skull to take the treasure off the brain. >>gregg: but in terms of affecting his judgment, and we wish him the best, about mental acute in a tough job. >>guest: it is a very tough job with a lot important

decisions to make. i can only wish him well. i know what he is going through. it is difficult. as i say, his family. >>gregg: thank you, dr. brooks what courage. >> the arab-owned news channel al-jazeera has expanded its reach in the united states with the purchase of...current tv, the left leaning start-up founded by former vice president al gore and paid about half a billion for current which it plans to transform into what the be called we believe al-jazeera american which could put it in 40 million house homes, increasing their american presence nearly ten-fold. but one major cable provider pulled the plug. jonathan hunt joins us. this is a major step forward for

al-jazeera. >>jonathan: yes, despite that time warner cable say they will not carry it because it is ending the contract with current tv, this is what al-jazeera has wanted from its launch date, a major presence in the united states so it can compete with fox news, cnn, and msnbc, et cetera. now, finally, while it has always stood very strong opinions, most american tv viewers will finally as the university of hofstra lets you decide for yourself. >>guest: whether you see al-jazeera as a legitimate news organization that is offering a perspective that is not often seen in the united states or you see it as a kind of complete propaganda cool, in either case, it offers a way to understanding the way people in another part of the world with another set of

beliefs see the world and see us. >> hard to argue with that. time warner cable decided it will not carry it as i said, and impossible for us to say if it was a political or commercial consideration but they may have exercised a contract clause allowing them to say you change the programming significantly so we don't have to worry it. >>gregg: from what i read, al gore could make up to $100 million on this. no wonder he is happy. >>jonathan: pretty happy guy. he was a co-founder of current tv and it has been sold as we mentioned for something like $500 million and al gore's portion of that and profit from that could be around $100 million. he also seems to approve of al-jazeera's programming and said in a statement with the co-founder that current t's goal was always "to give voice to those who are not typically heard, to speak truth to power, to provide independent and

diverse points of view and to tell the stories that no one else is telling." al-jazeera, like current, believes that facts and truth lead to a better understanding of the world around us. there are those would might say that al-jazeera is not necessarily all about facts and truth but now most of us can decide for ourselves. >>gregg: thank you, jonathan. a top executive from google headed to the country with the most restricted internet policies on the planet. what does he hope to accomplish? stick around. ing up the news starts with arthritis pain and a choice. take tylenol or take aleve, the #1 recommended pain reliever by orthopedic doctors. just two aleve can keep pain away all day. back to the news.

>>gregg: a top google executive planning a trip to north korea a move the united states officials were quick to criticize according to the reporting of the associated press much the executive chairman will go on a humanitarian mission to the communist nation and go with foam new mexico governor bill

richardson who knows a thing or two about dealing with north korea. most of that country lives in miserable poverty under the iron fisted rule of its latest leader, kim jong-un, with the most restrictive internet rules in the world. the new leader says his country is ready to embark on a new industrial-like revolution. that comes as north korea defied the united nations with the latest rocket launch and officials report it is holding an american citizen behind bars. now, the state department officials are calling google's planned trip unhelpful as the united states tries to deal with an increasingly tricky situation. so far, no comment from the folks at google. mike barrett, former intelligence officer for the defense department. good to see you. son son -- kim jong-un wants science and technology to drive

new economic growth for north korea but given the near ban on internet technology and access what can they offer? >>guest: the trip has almost nothing to do with google from the press reporting and the statements released it sounds like in addition to being a senior executive, he is a wealthy man who has him hum interests in north korea. any notion that there is an i.t. rove pollution or opening up the hermit kingdom is fanciful. the more important part of this is about governor richardson going there because it is important we keep nonofficial dim milk ties. we do not want official ties given north c.e.o.'s track record of missile proliferation and as you mentioned carrying out the satellite launch which improves their ability to deliver potentially nuclear warheads. we do not want official connections but it makes sense to go over there as a private

citizen which this is trying to figure out if there is a way to help the humanitarian crisis. millions are starving over there. >>gregg: people would live there, the human rights violations are epidemic, everyone lives in abysmal conditions in poverty and there are a ton of times, they are programmed by "dear leader" to think and talk a certain way and now allowed to be educated for themselves if you introduce any technological advancement like google products...you could have a huge upheaval and overthrowing of the nation. >>guest: i agree. it is not likely to happen. just because the new leader is there doesn't mean he is holding the power. the military is powerful with interests that will maintain power. overtime there could be some loosening but it will not sprout

into a democracy any time soon. we saw similar things with syria when the father passed away and the son took over, and everyone thought he has been western educated it will be modern ruling but it has been as bad as the father. people should be cautious to not everthink this. maybe north korea will moderate but not significantly. >>gregg: thank you, mike barrett. >> israeli leaders are trying to keep syria's civil war from spilling over their border and the latest tool, a giant wall, coming up. this is america.

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>>gregg: intense fighting around a key military airbase if syria with an explosion enough to send a cameraman flying.

kind tough to see what is going on but you get the picture. activists say the syrian military triggered the airstrike scene if this video. fox cannot confirm this. the united nations human rights center estimates at least 60,000 people have died in the syrian civil war. much of the fighting if recent months unfolding in and around the capital city of damascus. that is not far from the golan heights region. leland? >>reporter: some of the israeli outposts we were in today you could hear the fighting raging on in the villages with a couple of hundred yards away. right ne syria are deteriorating. the israelis who have enjoyed quiet on the northern border now need more than barbed wire. >> al qaeda sympathizers account

for the rebel fighters in the well documented takeover of army bases are getting more and more sophisticated weapons. from the quiet israel-syrian borders officers war the civil war rage. the area near the border is a no man's land explained an army lt. colonel. all kinds of militants can enter. this is the old syrian border fence and they are working to try to reinforce this area at break net speed. the ground is still muddy and this is the tank trap they put in, a concrete wall underground steel reinforced to prevent vehicles from crashing through and they are very worried about people. that is where this comes in, a lot bigger than the old fence at 25' tall and reinforced with lattice. the border is 40 miles long.

the crews work day and night hoping to complete the fence before the rebels can take over syria. of serious concern to the israelis is inside syria is like a militants' treasure chest. they take over one of the military bases the groups get rocket propelled grenade, and anti-aircraft missiles and the concern of what will happen to the chemical weapons stockpile if and when the rebels reach that region. >>gregg: breaking news. all the schools in one area in new york are in lockdown in westchester north of new york city. a man with a gun tried to get inside the middle school. jonathan hunt is following this. jonathan? >>jonathan: this guy tried to get into the school, said he was trying to retrieve a piece of

clothing he left at the pool over the weekend and he was asked for an i.d. and he went to produce the i.d. the school employee noticed he had a gun, asked the man if he was carrying a weapon and he said yes, and he worked in the security field that is why he had a gun and he was asked to leave. the man left, but the police are saying he never made any threats and they now have a full lockout on every school. no one is allowed in. no one is allowed out. it appears to be abundance of caution but in this climate we appreciate abundance of caution. >>gregg: my youngest daughter is inside that school right now in lockdown and my other daughter down the street at the high school is on lockdown. we got the call, i got the call, just before i went on the air here, it is unnerving for any parent but they are being told don't go to the school the don't pick up your child. correct jonathan? >>jonathan: the police say this is "under investigation."

they said he did not make any threats. they are looking for him. they have not found him. 5' 8" with a black northface jacket, and white v-neck t-shirt with an irish accent. for every parent and every child in this entire region, really, it is nerve racking. >>gregg: we will keep an cry on a is happening in mamaroneck, new york, a man with a gun trying to get into the middle school there. [ horse neighs ] hold up partner. prilosec isn't for fast relief. try alka-seltzer. kills heartburn fast. yeehaw!